Vega

Phillip Vega appeals from the judgment entered on a jury verdict convicting him of inflicting corporal injury in violation of Penal Code section 273.5, subdivision (a). The trial court imposed the three-year middle prison term and ordered him to pay a $200 restitution fine pursuant to former Government Code section 13967. Appellant raises four issues on appeal: (1) is there substantial evidence the victim was the mother of his child within the meaning of section 273.5, subdivision (a); (2) did the prosecutor commit prejudicial misconduct in closing argument which required a new trial; (3) must the matter be remanded because the court failed to determine whether he had the ability to pay the $200 fine; and (4) is he entitled to four additional days of custody credit? We will direct that the abstract of judgment be corrected to reflect four additional days of custody credit and will affirm the judgment in all other respects.

Facts

Appellant and the victim, Tina Duran, had a stormy seven-year relationship. They lived together off-and-on. They were not living together on July 23, 1993, but appellant “spent the night.” According to Duran, appellant is the father of her three…